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California Forms of Pleading and Practice--Annotated
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

43-492 California Forms of Pleading and Practice--Annotated 492.syn


Review (Certiorari), Writ Of


Expert Practitioners, Judges, and the Matthew Bender Editorial Staff

Chapter Summary


This chapter discusses the special proceeding in state superior and appellate courts known as writ of review or writ of certiorari. It considers the governing law, and the nature and purpose of the writ of review. It also compares the writ of review to other writs, such as prohibition, mandate, and habeas corpus. In addition, the chapter discusses the ability of a party to seek alternative writs in his or her petition, and the reviewing court's treatment of the petition as one for the appropriate writ if the party petitioned for the incorrect one. Next, the chapter addresses parties to proceedings for a writ of review, original jurisdiction to issue the writ, grounds for refusal to exercise that original jurisdiction, and grounds for issuance of the writ of review.

In addition, the chapter addresses procedural requirements such as a stay of proceedings pending disposition of the writ, and the petition for writ of review. It further covers ex parte petitions for a writ of review, service of the petition, and the initial opposition to the petition. Next, the chapter focuses on the appellate court's ability to summarily deny the petition or to grant the petition and issue the writ. The discussion also covers the duty of the clerk of court to return the writ with the required transcript when the writ of review is directed, and the responding or real party in interest's ability to make a return by demurrer, verified answer, or both. It addresses the scope of review, including the existence of jurisdictional facts, contempt, and the petitioner's burden of proof. The chapter also considers judgments on the writ and the finality of the writ or order issued by the reviewing court. The chapter's discussion concludes with coverage of costs and the subsequent review of writ proceedings.

California Forms of Pleading and Practice (Matthew Bender)provides detailed analysis of the law, plus timesaving forms, checklists, and research guides. It covers all aspects of procedure in civil actions and proceedings, from pleadings to appeal, including arbitration and mediation; complaints, answers, and demurrers; and discovery. It offers encyclopedic coverage of all civil practice areas, including business and commercial law; civil rights; real estate; and torts. It also covers attorney practice and ethics and features regular updates on all relevant California and federal legislation, administrative regulations and procedures, judicial decisions, and California Rules of Court.


Writ of Certiorari,Certiorari,Writ of Review,Judicial Review,Alternative Petition,Mislabeled Petitions,Original Jurisdiction,Stay of Proceedings,Petition,Ex Parte Petition,Initial Opposition to Petition for Writ of Review,Summary Denial,Return of Writ,Return by Demurrer,Return by Answer,Scope of Review,Finality of Writ


For discussion and forms relating to appeals in civil actions generally, see Chapter 40, Appeal: An Overview, through Chapter 54, Appeal: California Supreme Court Review.

For discussion and forms relating to writs of administrative mandamus to review decisions of public administrative agencies, see Chapter 474, Availability of Judicial Review of Agency Decisions; and Chapter 474C, Procedures in Reviewing Agency Decisions.


For memoranda of points and authorities relating to writ of review proceedings generally, see California Points & Authorities (Matthew Bender), Chapter 205, Review (Certiorari), Writ of.

For discussion of writs of review, see Matthew Bender(R) Practice Guide: California Trial and Post-Trial Civil Procedure (Matthew Bender), Chapter 29, Setting Aside Judgments and Orders.
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